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(영문) 창원지방법원 2015.05.13 2014가단28278
추심금
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Facts of recognition;

A. On December 16, 2011, an effective forest construction corporation (hereinafter “effective forest”) entered into a contract with the Defendant to enter into a contract with the remainder of the final construction cost to be fixed as KRW 5,496,931,00 as the last construction cost, and the construction period from December 23, 201 to April 18, 201 as the period from December 23, 2011. ② On June 14, 2013, the German Village Parking Lot Construction Corporation (hereinafter “Seoul Village Corporation”) entered into a contract with the Defendant to enter into a contract with the effect that it will enter into a contract with the Defendant to enter into a contract with the period from June 18, 2013 to January 12, 2014.

(hereinafter “each of the instant contracts”). (b)

The Plaintiff (Appointed Party) and the designated parties received the claim amounting to KRW 26,160,00 from the Changwon District Court 2014Da1532, August 11, 2014, with respect to the claim for construction price of Native Forest and the claim amounting to KRW 26,160,000 for each of the construction cost claims against the Defendant of Native Forest and German Village, as the Changwon District Court 2014Da1532, an original copy of the payment order for Native Forest as the title, and the above seizure and collection order was served on the Defendant, who is the garnishee, on August 14, 2014.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1-1, 2-2, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the defendant is obligated to pay each of the relevant money as stated in the "amount claimed by the appointed party" in attached Form 1 to the plaintiff (appointed party) and the appointed party according to the collection and collection order in this case.

3. Judgment on the defendant's defense

A. After entering into each of the instant claims by the Defendant, each of the instant contracts was terminated due to the failure to perform construction works on the part of the Defendant, and the completion payment incurred at the time of termination was already paid. As such, the instant seizure and collection order was served on August 14, 2014, which was served on the Defendant.

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